Terms and Conditions

This English translation is provided for convenience. Only the German version is legally binding.

1. Subject matter

These General Terms and Conditions (hereinafter “Terms”) govern the relationship between Gillian Scharf (videowien.at) (hereinafter “Provider”) and the customer (hereinafter “Customer”) regarding the provision of video production services.

2. Provider's services

The Provider undertakes to provide the video production services requested by the Customer in accordance with the terms set out in the quote or in the written agreement between the parties. This includes the agreed date, the location and the specific services described in the quote or in the written agreement. Changes to these terms require the written consent of both parties.

3. Payment terms

Payments for the video production services are handled in accordance with the terms set out in the written quote and on the invoice. The Customer is obliged to pay the agreed fee in accordance with these documents and the payment deadlines stated on them. In the event of any discrepancies between the quote and the invoice, the information on the invoice shall prevail.

4. Copyright and usage rights

The copyright in all videos created remains with the Provider, unless expressly agreed otherwise in writing. The Customer is granted the non-exclusive, non-transferable right to use the videos created in accordance with the agreement between the parties. Any further use requires the express written consent of the Provider.

5. Limitation of liability

The Provider is not liable for damage or losses caused by force majeure, technical problems or other unforeseeable circumstances. The Provider's liability is limited to the amount of the agreed fee for the services.

The Provider is not liable for damage or legal consequences arising from the Customer's use or editing of the video material provided, in particular not if the Customer cuts or edits videos that contain copyrighted music or other protected content. It is the Customer's responsibility to ensure that the use of the material provided complies with applicable laws and copyright regulations. The Customer is solely responsible for obtaining the necessary permissions and licenses.

The Customer ensures that any video and photo material they provide to the Provider is either their own property or that they hold the necessary permissions and rights to use this material. The Provider is not liable for any legal infringement or copyright infringement relating to the material provided, and the Customer agrees to indemnify the Provider against any third-party claims in this regard.

6. Cancellation terms

Cancellations and changes to the agreed services must be made in writing and may incur additional costs, as set out in the agreement between the parties.

7. Data protection

The Provider undertakes to handle and protect the Customer's personal data in accordance with applicable data protection laws. In addition, the Customer hereby declares that they undertake to also take care of the data protection of all persons involved, including those who appear in the videos created or are otherwise involved in the video production services. The Customer will ensure that all necessary consents and approvals are obtained from these persons before their personal data or recordings are used in the videos created.

8. Use and publication of material

The Customer agrees that the Provider has the right to use and publish for its own purposes all material created or provided during the video production services, including but not limited to photos, texts, images, photographs, photographic works, audio elements and audiovisual elements. This use may include, among other things, advertising purposes, portfolio presentations or the Provider's own website.

The Customer agrees to grant the Provider a non-exclusive, non-transferable license to use and publish the material for the purposes mentioned. This license covers worldwide use and is unlimited in time, unless otherwise agreed in writing.

9. Final provisions

These Terms constitute the entire agreement between the parties and supersede all prior agreements and arrangements. Changes or additions to these Terms require the written consent of both parties.